Legal Question in Family Law in California

False Information on a Birth Certificate

My grandson was born out of wedlock. The name that was given for father was "unknown", even thought we knew who he was. My daughter didn't want any contact with him. Before my grandson's first birthday, my daughters boyfriend had his name put on the birth certificate as his father and changed my grandsons last name to his. Three months later he and my daughter married. The marriage lasted 7 years.All through those years he physically and mentally abused her, having fallen out of love a year after the marriage and staying in it for convenience. Three months ago, my daughter was forced out of the home. He told her he was in love with their houseguest. She left, leaving my grandson behind. Does her husband have all the legal rights to my grandson. He will not send him to her, nor will he let us have any contact with him. My grandson requested that he live with us. My husband and I would like to file for temporary custody of him until my daughter can get back on her feet. Do we have any legal rights to my grandson, or does the "father" have all of them.


Asked on 5/02/00, 5:02 pm

2 Answers from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: False Information on a Birth Certificate

As you know this is a sticky situation, you should hire and experienced domestic relations attorney. Your daughter may be able to have the birth certificate amended on a showing of paternity, which will require blood tests. You may or may not have to name the real father.

Your daughter is entitled to either custody (particularly since it appears he is violent) or at least visitation. She should not have left the boy with him. If she delays in attempting to pursue her rights she may be considered to have abandoned the child. You can file for custody yourselves, which is probably the best situation since it does not appear that your daughter does well in picking men. At least this boy could have a stable home.

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Answered on 6/19/00, 12:03 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: False Information on a Birth Certificate

I don't know what you are referring to when you say get on her feet. If you are talking financial you should help her on a short term basis to get adquate housing.

She needs to act immediately. If the abuse you refer to has been documented by police reports, pictures etc, getting a domestic violence restraining order should not be difficult. She must also have a good explanation for leaving her son with her husband.

For the grandparents to be appointed guardians you must show that living with this man is detrimental to him. This can be extremely difficult.

Proving that the man is not his father may be an option. The child was born prior to the marriage. Therefore the man is at best the presumed father. Your daughter should contact an attorney to map out a plan of attack immediately. Each passing day swings the balance further her husbands favor.

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Answered on 6/19/00, 4:09 pm


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